The Health (Miscellaneous Provisions) Bill

The Health (Miscellaneous Provisions) Bill is divided into three parts. Part 1 deals with the regulation of the sale of nicotine products and tobacco; Part 2 deals with primary dental services, general ophthalmic services, pharmaceutical services and charges for services provided to persons not ordinarily resident; and, Part 3 deals with the interpretation of the Bill, subordinate legislation and repeals, and sets out the title and commencement dates.

The evidence from stakeholders focused mainly on those clauses which deal with the regulation of the sale of nicotine products and tobacco. However, significant comments were also made in relation to smoking in private vehicles carrying minors; a provision that was not included in the Bill as introduced.

Having considered the written and oral evidence received in relation to the regulation of the sale of nicotine products and tobacco, the Committee reached a view that extending the tobacco retailers register to include e-cigarette retailers would future proof the legislation should evidence emerge of difficulties in enforcing the age of sale provisions in relation to e-cigarettes.

In response to the views expressed by the Committee, the Department proposed an amendment that would allow it to amend the provisions of the Tobacco Retailers Act (Northern Ireland) 2014 relating to the register of tobacco retailers, to apply them in relation to nicotine product retailers as well as tobacco retailers. The Department also proposed a consequential amendment to Clause 3.

The Committee agreed that it was content to support the Department’s proposed amendments at Consideration Stage of the Bill.

As referred to by the Minister for Health, Social Services and Public Safety, during the Second Stage debate on the Bill, the Department proposed an amendment to insert a new provision to provide the Department with regulation-making powers to allow for the creation of offences in relation to smoking in a smokefree private vehicle; and, failing to prevent smoking in a smokefree private vehicle where under 18s are present, and for fixed penalty notices to be applied to the offences. The Department also proposed a consequential amendment to the Long Title.

The Committee welcomed the new policy and agreed that it was content to support the Department’s proposed amendments at Consideration Stage of the Bill.